People v. Moe

Appellate Terms of the Supreme Court of New York

People v. Moe

62 Misc. 2d 27, 307 N.Y.S.2d 921, 1969 N.Y. Misc. LEXIS 975

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 17, 1969

StatusPublished

Cited by6 cases

This text of 62 Misc. 2d 27 (People v. Moe) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Moe, 62 Misc. 2d 27, 307 N.Y.S.2d 921, 1969 N.Y. Misc. LEXIS 975 (N.Y. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Defendant’s guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither' roads nor sidewalks is not a “public highway ” within the meaning of sections 401 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N. Y. 224.) Furthermore, the ‘ ‘ minibike ” or “mini-motorcycle” here involved comes within the statutory definition of a “ motorcycle ” or “ motor-driven cycle ’ ’ rather than a “ motor vehicle ” and would in a proper case be [28]*28governed by sections 410 and 503 and not sections 401 and 501. (People v. Asselta, 1 A D 2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and ' information dismissed.

Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

Judgment reversed, etc.

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Per Curiam.

Defendant’s guilt of the underlying charges of operating a motor vehicle on a public highway without a license and operating an unregistered motor vehicle was not established. A public park owned by a municipality with neither' roads nor sidewalks is not a “public highway ” within the meaning of sections 401 and 501 of the Vehicle and Traffic Law. (People v. County of Westchester, 282 N. Y. 224.) Furthermore, the ‘ ‘ minibike ” or “mini-motorcycle” here involved comes within the statutory definition of a “ motorcycle ” or “ motor-driven cycle ’ ’ rather than a “ motor vehicle ” and would in a proper case be [28]*28governed by sections 410 and 503 and not sections 401 and 501. (People v. Asselta, 1 A D 2d 960, 961; Vehicle and Traffic Law, §§ 123, 124 and 125.)

The judgment adjudicating defendant a youthful offender should be unanimously reversed on the law and facts and ' information dismissed.

Concur — Gulotta, P. J., Pittohi and McCullough, JJ.

Judgment reversed, etc.

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Bluebook (online)

62 Misc. 2d 27, 307 N.Y.S.2d 921, 1969 N.Y. Misc. LEXIS 975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moe-nyappterm-1969.

Opinion

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